[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 175 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 175
To amend the Immigration and Nationality Act with respect to aliens
associated with criminal gangs, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2025
Mr. McClintock (for himself, Mr. Weber of Texas, Ms. Tenney, Mr. Nehls,
Ms. Hageman, and Mr. Ogles) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act with respect to aliens
associated with criminal gangs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Deport Alien Gang Members Act''.
SEC. 2. GROUNDS OF INADMISSIBILITY AND DEPORTABILITY FOR ALIEN GANG
MEMBERS.
(a) Definition of Gang Member.--Section 101(a) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)) is amended by adding at the end
the following:
``(53) The term `criminal gang' means an ongoing group, club,
organization, or association of 5 or more persons that has as 1 of its
primary purposes the commission of 1 or more of the offenses described
in this paragraph and the members of which engage, or have engaged
within the past 5 years, in a continuing series of such offenses, or
that has been designated as a criminal gang by the Secretary of
Homeland Security, in consultation with the Attorney General, as
meeting these criteria. The offenses described, whether committed, in
whole or in part, within or outside of the United States and regardless
of whether the offenses occurred before, on, or after the date of the
enactment of this paragraph, are the following:
``(A) A Federal, State, local, or Tribal offense that is
punishable by imprisonment for more than 1 year and relates to
a controlled substance (as so classified under the relevant
Federal, State, local, or Tribal law), regardless of whether
the substance is classified as a controlled substance under
section 102 of the Controlled Substances Act (21 U.S.C. 802).
``(B) A foreign offense that is punishable by imprisonment
for more than 1 year and relates to a controlled substance as
defined under section 102 of the Controlled Substances Act (21
U.S.C. 802).
``(C) An offense that is punishable by imprisonment for
more than 1 year and involves firearms or explosives (as
defined under the relevant Federal, State, local, Tribal, or
foreign law) or in violation of section 931 of title 18, United
States Code (relating to purchase, ownership, or possession of
body armor by violent felons).
``(D) An offense under section 274 (relating to bringing in
and harboring certain aliens), section 277 (relating to aiding
or assisting certain aliens to enter the United States), or
section 278 (relating to importation of alien for immoral
purpose).
``(E) A crime of violence (as defined in section 16(a) of
title 18, United States Code).
``(F) A crime involving obstruction of justice, tampering
with or retaliating against a witness, victim, or informant, or
burglary (as such terms are defined under the relevant Federal,
State, local, Tribal, or foreign law).
``(G) Any conduct punishable under sections 1028, 1028A,
and 1029 of title 18, United States Code (relating to fraud,
aggravated identity theft or fraud and related activity in
connection with identification documents or access devices),
sections 1581 through 1594 of such title (relating to peonage,
slavery, and trafficking in persons), section 1951 of such
title (relating to interference with commerce by threats or
violence), section 1952 of such title (relating to interstate
and foreign travel or transportation in aid of racketeering
enterprises), section 1956 of such title (relating to the
laundering of monetary instruments), section 1957 of such title
(relating to engaging in monetary transactions in property
derived from specified unlawful activity), or sections 2312
through 2315 of such title (relating to interstate
transportation of stolen motor vehicles or stolen property).
``(H) A conspiracy to commit an offense described in
subparagraphs (A) through (G).''.
(b) Inadmissibility.--Section 212(a)(2) of such Act (8 U.S.C.
1182(a)(2)) is amended by adding at the end the following:
``(J) Aliens associated with criminal gangs.--Any
alien is inadmissible who a consular officer, an
immigration officer, the Secretary of Homeland
Security, or the Attorney General knows, or has reason
to believe--
``(i) is, or has been, a member of a
criminal gang;
``(ii) has promoted, conspired with, aided,
or participated in the activities of a criminal
gang, whether within or outside of the United
States; or
``(iii) seeks to enter the United States,
or has entered the United States, in
furtherance of the activities of a criminal
gang, whether those activities take place
within or outside of the United States.''.
(c) Deportability.--Section 237(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end
the following:
``(G) Aliens associated with criminal gangs.--Any
alien is deportable who--
``(i) is or has been a member of a criminal
gang; or
``(ii) has promoted, conspired with, aided,
or participated in the activities of a criminal
gang, whether within or outside of the United
States.''.
(d) Designation.--
(1) In general.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1182) is amended by inserting
after section 219 the following:
``Sec. 220. Designation of criminal gang.
``(a) Designation.--
``(1) In general.--The Secretary of Homeland Security, in
consultation with the Attorney General, may designate a group,
club, organization, or association of 5 or more persons as a
criminal gang if the Secretary finds that their conduct is
described in section 101(a)(53).
``(2) Procedure.--
``(A) Notification.--7 days before making a
designation under this subsection, the Secretary shall,
by classified communication, notify the Speaker and
minority leader of the House of Representatives, the
president pro tempore, majority leader, and minority
leader of the Senate, and the members of the relevant
committees of the House of Representatives and the
Senate, in writing, of the intent to designate a group,
club, organization, or association of 5 or more persons
under this subsection and the factual basis therefor.
``(B) Publication in the federal register.--The
Secretary shall publish the designation in the Federal
Register 7 days after providing the notification under
subparagraph (A).
``(3) Record.--
``(A) In general.--In making a designation under
this subsection, the Secretary shall create an
administrative record.
``(B) Classified information.--The Secretary may
consider classified information in making a designation
under this subsection. Classified information shall not
be subject to disclosure for such time as it remains
classified, except that such information may be
disclosed to a court ex parte and in camera for
purposes of judicial review under subsection (c).
``(4) Period of designation.--
``(A) In general.--A designation under this
subsection shall be effective for all purposes until
revoked under paragraph (5) or (6) or set aside
pursuant to subsection (c).
``(B) Review of designation upon petition.--
``(i) In general.--The Secretary shall
review the designation of a criminal gang under
the procedures set forth in clauses (iii) and
(iv) if the designated group, club,
organization, or association of 5 or more
persons files a petition for revocation within
the petition period described in clause (ii).
``(ii) Petition period.--For purposes of
clause (i)--
``(I) if the designated group,
club, organization, or association of 5
or more persons has not previously
filed a petition for revocation under
this subparagraph, the petition period
begins 2 years after the date on which
the designation was made; or
``(II) if the designated group,
club, organization, or association of 5
or more persons has previously filed a
petition for revocation under this
subparagraph, the petition period
begins 2 years after the date of the
determination made under clause (iv) on
that petition.
``(iii) Procedures.--Any group, club,
organization, or association of 5 or more
persons that submits a petition for revocation
under this subparagraph of its designation as a
criminal gang must provide evidence in that
petition that it is not described in section
101(a)(53).
``(iv) Determination.--
``(I) In general.--Not later than
30 days after receiving a petition for
revocation submitted under this
subparagraph, the Secretary shall make
a determination as to such revocation.
``(II) Classified information.--The
Secretary may consider classified
information in making a determination
in response to a petition for
revocation. Classified information
shall not be subject to disclosure for
such time as it remains classified,
except that such information may be
disclosed to a court ex parte and in
camera for purposes of judicial review
under subsection (c).
``(III) Publication of
determination.--A determination made by
the Secretary under this clause shall
be published in the Federal Register.
``(IV) Procedures.--Any revocation
by the Secretary shall be made in
accordance with paragraph (6).
``(C) Other review of designation.--
``(i) In general.--If in a 5-year period no
review has taken place under subparagraph (B),
the Secretary shall review the designation of
the criminal gang in order to determine whether
such designation should be revoked pursuant to
paragraph (6).
``(ii) Procedures.--If a review does not
take place pursuant to subparagraph (B) in
response to a petition for revocation that is
filed in accordance with that subparagraph,
then the review shall be conducted pursuant to
procedures established by the Secretary. The
results of such review and the applicable
procedures shall not be reviewable in any
court.
``(iii) Publication of results of review.--
The Secretary shall publish any determination
made pursuant to this subparagraph in the
Federal Register.
``(5) Revocation by act of congress.--The Congress, by an
Act of Congress, may block or revoke a designation made under
paragraph (1).
``(6) Revocation based on change in circumstances.--
``(A) In general.--The Secretary may revoke a
designation made under paragraph (1) at any time, and
shall revoke a designation upon completion of a review
conducted pursuant to subparagraphs (B) and (C) of
paragraph (4) if the Secretary finds that--
``(i) the group, club, organization, or
association of 5 or more persons that has been
designated as a criminal gang is no longer
described in section 101(a)(53); or
``(ii) the national security or the law
enforcement interests of the United States
warrants a revocation.
``(B) Procedure.--The procedural requirements of
paragraphs (2) and (3) shall apply to a revocation
under this paragraph. Any revocation shall take effect
on the date specified in the revocation or upon
publication in the Federal Register if no effective
date is specified.
``(7) Effect of revocation.--The revocation of a
designation under paragraph (5) or (6) shall not affect any
action or proceeding based on conduct committed prior to the
effective date of such revocation.
``(8) Use of designation in trial or hearing.--If a
designation under this subsection has become effective under
paragraph (2) an alien in a removal proceeding shall not be
permitted to raise any question concerning the validity of the
issuance of such designation as a defense or an objection.
``(b) Amendments to a Designation.--
``(1) In general.--The Secretary may amend a designation
under this subsection if the Secretary finds that the group,
club, organization, or association of 5 or more persons has
changed its name, adopted a new alias, dissolved and then
reconstituted itself under a different name or names, or merged
with another group, club, organization, or association of 5 or
more persons.
``(2) Procedure.--Amendments made to a designation in
accordance with paragraph (1) shall be effective upon
publication in the Federal Register. Paragraphs (2), (4), (5),
(6), (7), and (8) of subsection (a) shall also apply to an
amended designation.
``(3) Administrative record.--The administrative record
shall be corrected to include the amendments as well as any
additional relevant information that supports those amendments.
``(4) Classified information.--The Secretary may consider
classified information in amending a designation in accordance
with this subsection. Classified information shall not be
subject to disclosure for such time as it remains classified,
except that such information may be disclosed to a court ex
parte and in camera for purposes of judicial review under
subsection (c) of this section.
``(c) Judicial Review of Designation.--
``(1) In general.--Not later than 30 days after publication
in the Federal Register of a designation, an amended
designation, or a determination in response to a petition for
revocation, the designated group, club, organization, or
association of 5 or more persons may seek judicial review in
the United States Court of Appeals for the District of Columbia
Circuit.
``(2) Basis of review.--Review under this subsection shall
be based solely upon the administrative record, except that the
Government may submit, for ex parte and in camera review,
classified information used in making the designation, amended
designation, or determination in response to a petition for
revocation.
``(3) Scope of review.--The Court shall hold unlawful and
set aside a designation, amended designation, or determination
in response to a petition for revocation the court finds to
be--
``(A) arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law;
``(B) contrary to constitutional right, power,
privilege, or immunity;
``(C) in excess of statutory jurisdiction,
authority, or limitation, or short of statutory right;
``(D) lacking substantial support in the
administrative record taken as a whole or in classified
information submitted to the court under paragraph (2);
or
``(E) not in accord with the procedures required by
law.
``(4) Judicial review invoked.--The pendency of an action
for judicial review of a designation, amended designation, or
determination in response to a petition for revocation shall
not affect the application of this section, unless the court
issues a final order setting aside the designation, amended
designation, or determination in response to a petition for
revocation.
``(5) Expedited review.--It shall be the duty of the Court
to advance on the docket and expedite to the greatest possible
extent the disposition of any case considered under this
subsection.
``(d) Definitions.--As used in this section--
``(1) the term `classified information' has the meaning
given that term in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.);
``(2) the term `national security' means the national
defense, foreign relations, or economic interests of the United
States;
``(3) the term `relevant committees' means the Committees
on the Judiciary of the Senate and of the House of
Representatives; and
``(4) the term `Secretary' means the Secretary of Homeland
Security, in consultation with the Attorney General.''.
(2) Clerical amendment.--The table of contents for such Act
is amended by inserting after the item relating to section 219
the following:
``Sec. 220. Designation.''.
(e) Mandatory Detention of Criminal Gang Members.--
(1) In general.--Section 236(c)(1) of the Immigration and
Nationality Act (8 U.S.C. 1226(c)(1)) is amended--
(A) in subparagraph (C), by striking ``or'' at the
end;
(B) in subparagraph (D), by inserting ``or'' at the
end; and
(C) by inserting after subparagraph (D) the
following:
``(E) is inadmissible under section 212(a)(2)(J) or
deportable under section 217(a)(2)(G),''.
(2) Annual report.--Not later than March 1 of each year
(beginning 1 year after the date of the enactment of this Act),
the Secretary of Homeland Security, after consultation with the
appropriate Federal agencies, shall submit a report to the
Committees on the Judiciary of the House of Representatives and
of the Senate on the number of aliens detained under the
amendments made by paragraph (1).
(f) Claims Based on Gang Affiliation.--
(1) Inapplicability of restriction on removal to certain
countries.--Section 241(b)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1251(b)(3)(B)) is amended, in the
matter preceding clause (i), by inserting ``who is described in
section 212(a)(2)(J)(i) or section 237(a)(2)(G)(i) or who is''
after ``to an alien''.
(2) Ineligibility for asylum.--Section 208(b)(2)(A) of such
Act (8 U.S.C. 1158(b)(2)(A)) (as amended by section 201 of this
Act) is further amended--
(A) in clause (v), by striking ``or'' at the end;
(B) by redesignating clause (vi) as clause (vii);
and
(C) by inserting after clause (v) the following:
``(vi) the alien is described in section
212(a)(2)(J)(i) or section 237(a)(2)(G)(i);
or''.
(g) Temporary Protected Status.--Section 244 of such Act (8 U.S.C.
1254a) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (c)(2)(B)--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii), by striking the period and
inserting ``; or''; and
(C) by adding at the end the following:
``(iii) the alien is, or at any time has
been, described in section 212(a)(2)(J) or
section 237(a)(2)(G).''; and
(3) in subsection (d)--
(A) by striking paragraph (3); and
(B) in paragraph (4), by adding at the end the
following: ``The Secretary of Homeland Security may
detain an alien provided temporary protected status
under this section whenever appropriate under any other
provision of law.''.
(h) Special Immigrant Juvenile Visas.--Section 101(a)(27)(J)(iii)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)(iii))
is amended--
(1) in subclause (I), by striking ``and'';
(2) in subclause (II), by adding ``and'' at the end; and
(3) by adding at the end the following:
``(III) no alien who is, or at any
time has been, described in section
212(a)(2)(J) or section 237(a)(2)(G)
shall be eligible for any immigration
benefit under this subparagraph;''.
(i) Parole.--An alien described in section 212(a)(2)(J) of the
Immigration and Nationality Act, as added by subsection (b), shall not
be eligible for parole under section 212(d)(5)(A) of such Act unless--
(1) the alien is assisting or has assisted the United
States Government in a law enforcement matter, including a
criminal investigation; and
(2) the alien's presence in the United States is required
by the Government with respect to such assistance.
(j) Ineligibility for Other Relief.--An alien described in section
212(a)(2)(J) or 237(a)(2)(G) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(2)(J) or 1227(a)(2)(G)) shall be ineligible for any
other relief under the immigration laws, including under section 2242
of the Omnibus Consolidated and Emergency Supplemental Appropriations
Act, 1999 (and any regulations issued pursuant to such section).
(k) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to acts
that occur before, on, or after the date of the enactment of this Act.
<all>